Common use of No Waiver of Rights or Remedies Clause in Contracts

No Waiver of Rights or Remedies. The Participating Counterparties and the Companies agree that other than as expressly set forth herein, nothing in this Agreement or the performance by the parties of their respective obligations hereunder constitutes or shall be deemed to constitute a waiver of any of the parties’ rights or remedies under the terms of such Applicable Agreement or applicable law, all of which are hereby reserved, including without limitation, (i) any rights that the Participating Counterparties may have to charge interest at a post-default rate under the terms of such Applicable Agreement, and (ii) any rights or remedies in connection with any bankruptcy proceedings in respect of a Seller Entity (to which this Agreement shall not apply). Except as expressly set forth in this Agreement, this Agreement is not intended to be, and shall not be deemed or construed to be, an amendment, supplement, modification, cure, satisfaction, reinstatement, novation, or release of the Applicable Agreements or any indebtedness incurred thereunder or evidenced thereby. The parties further agree that the running of all statutes of limitation and the doctrine of laches applicable to all claims or causes of action that the Participating Counterparties may be entitled to take or bring in order to enforce their rights and remedies against the Seller Entities are, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period. This Agreement is limited in nature and nothing herein shall be deemed to establish a custom or course of dealing between any Participating Counterparty and any Seller Entity. Except as set forth in Section 11 hereof, in no event shall this Agreement extinguish the obligations for the payment of money outstanding under any Applicable Agreement or discharge or release any collateral or other security therefor.

No Waiver of Rights or Remedies. The Participating Counterparties and the Companies agree that other than as expressly set forth herein, nothing in this Agreement or the performance by the parties of their respective obligations hereunder constitutes or shall be deemed to constitute a waiver of any of the parties’ rights or remedies under the terms of such Applicable Agreement or applicable law, all of which are hereby reserved, including without limitation, (i) any rights that the Participating Counterparties may have to charge interest at a post-default rate under the terms of such Applicable Agreement, and (ii) any rights or remedies in connection with any bankruptcy proceedings in respect of a Seller Entity (to which this Agreement shall not apply). Except as expressly set forth in this Agreement, this Agreement is not intended to be, and shall not be deemed or construed to be, an amendment, supplement, modification, cure, satisfaction, reinstatement, novation, or release of the Applicable Agreements or any indebtedness incurred thereunder or evidenced thereby. The parties further agree that the running of all statutes of limitation and the doctrine of laches applicable to all claims or causes of action that the Participating Counterparties may be entitled to take or bring in order to enforce their rights and remedies against the Seller Entities are, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period. This Agreement is limited in nature and nothing herein shall be deemed to establish a custom or course of dealing between any Participating Counterparty and any Seller Entity. Except as set forth in Section 11 12 hereof, in no event shall this Agreement extinguish the obligations for the payment of money outstanding under any Applicable Agreement or discharge or release any collateral or other security therefor.

No Waiver of Rights or Remedies. The Participating Counterparties and the Companies agree that other than except as expressly set forth herein, nothing in this Agreement or the performance by the parties of their respective obligations hereunder constitutes or shall be deemed to constitute a waiver of any of the parties’ rights or remedies under the terms of such Applicable Agreement or applicable law, all of which are hereby reserved, including without limitation, (i) any rights that the Participating Counterparties may have to charge interest at a post-default rate under the terms of such Applicable AgreementAgreement based on any defaults, events of default, or termination events based on facts or circumstances arising after the Effective Date, and (ii) any rights or remedies in connection with any bankruptcy proceedings in respect of a Seller Entity (to which this Agreement shall not apply). Except as expressly set forth in this Agreement, this Agreement is not intended to be, and shall not be deemed or construed to be, an amendment, supplement, modification, cure, satisfaction, reinstatement, novation, or release of the Applicable Agreements or any indebtedness incurred thereunder or evidenced thereby. The parties further agree that the running of all statutes of limitation and the doctrine of laches applicable to all claims or causes of action that the Participating Counterparties may be entitled to take or bring in order to enforce their rights and remedies against the Seller Entities are, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period. This Agreement is limited in nature and nothing herein shall be deemed to establish a custom or course of dealing between any Participating Counterparty and any Seller Entity. Except as expressly set forth in Section 11 hereofthis Agreement, in no event shall this Agreement shall not extinguish the obligations for the payment of money outstanding under any Applicable Agreement or discharge or release any collateral or other security therefor.

No Waiver of Rights or Remedies. The Participating Counterparties and the Companies agree that other than as Except for any waivers expressly set forth hereinherein by the Borrower and Guarantors, each of the Lender Parties, on the one hand, and the Borrower and Guarantors, on the other hand, agree that nothing in this Agreement Agreement, or the performance by the parties of their respective obligations hereunder hereunder, constitutes or shall be deemed to constitute a waiver of any of the parties’ rights or remedies under the terms of such Applicable Agreement the Loan Agreement, any Guaranty Agreement, any other Loan Document or applicable law, all of which are hereby reserved, including without limitation, (i) any rights that the Participating Counterparties may have to charge interest at a post-default rate under the terms of such Applicable Agreement, and (ii) any rights or remedies in connection with any bankruptcy bankruptcy, insolvency or similar proceedings in respect of a Seller Entity Borrower or any Guarantor (to which this Agreement shall not apply), and (ii) any rights to set off, whether or not in connection with any bankruptcy proceedings. Except as Borrower and each Guarantor acknowledge that the Lender Parties are not waiving the Existing Events of Default, but are simply agreeing to forbear from exercising their rights with respect to the Existing Events of Default during the Forbearance Period to the extent expressly set forth in this Agreement, this Agreement is not intended to be, . Any and shall not be deemed or construed to be, an amendment, supplement, modification, cure, satisfaction, reinstatement, novation, or release of the Applicable Agreements or any indebtedness incurred thereunder or evidenced thereby. The parties further agree that the running of all statutes of limitations, limitation periods and the doctrine statutes of laches repose, whether arising under law, equity, statute, court rule or otherwise, applicable to any possible claim that any Lender Party may have against Borrower or any Guarantor, including, but not limited to, with respect to the Existing Events of Default, shall be suspended and tolled from the date of this Agreement to and including the date of the expiration of the Forbearance Period. In determining the validity or effectiveness of any defense based upon the passage of time, the period from and including the date of this Agreement to and including the expiration of the Forbearance Period (the “Tolling Period”), shall be excluded in calculating elapsed time. The balance of any time left to run on any period of limitation as of the date of this Agreement shall begin to run on the day following the expiration of the Forbearance Period. Without limiting the generality of the foregoing, Borrower and each Guarantor acknowledges and agrees that immediately upon expiration of the Forbearance Period, the Lender Parties have all claims or causes of action that the Participating Counterparties may be entitled to take or bring in order to enforce their rights and remedies against the Seller Entities are, with respect to the fullest extent permitted by lawExisting Events of Default to the same extent, tolled and suspended during with the same force and effect, as if the forbearance had not occurred. None of Borrower or any Guarantor will assert, and each hereby forever waives any right to assert, that any Lender Parties are obligated in any way to continue beyond the Forbearance Period to forbear from enforcing their rights or remedies or that the Lender Parties are not entitled to act on the Existing Events of Default after the expiration or termination of the Forbearance Period as if such default had just occurred and the Forbearance Period had never existed. Borrower and each Guarantor acknowledge and agree that the Lender Parties have made no representations as to what actions, if any, the Lender Parties will take after the Forbearance Period. This Agreement is limited in nature , and nothing herein shall be deemed the Lender Parties do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to establish a custom the Existing Events of Default and each other Default or course Event of dealing between any Participating Counterparty and any Seller Entity. Except as set forth in Section 11 hereof, in no event shall this Agreement extinguish the obligations for the payment of money outstanding under any Applicable Agreement or discharge or release any collateral or other security thereforDefault that may occur.

No Waiver of Rights or Remedies. The Participating Counterparties and the Companies Parties agree that other than as expressly set forth herein, nothing in this Agreement or the performance by the parties Parties of their respective obligations hereunder constitutes or shall be deemed to constitute a waiver of any of the parties’ rights Buyer’s rights, powers or privileges and/or remedies under the terms of such Applicable Agreement the Repurchase Agreement, the Guaranty, the other Transaction Documents, the Note or applicable law, all of which are hereby reserved, including without limitation, (i) any rights that the Participating Counterparties may have to charge interest at a post-default rate under the terms of such Applicable Agreement, and (ii) any rights or remedies in connection with any bankruptcy bankruptcy, insolvency, receivership or other similar proceedings (whether voluntary or involuntary) in respect of a the Seller Entity or the Guarantor (to which this Agreement shall not apply), and (ii) any rights to set-off, recoup, net or exercise similar rights whether or not in connection with any bankruptcy, insolvency, receivership or other similar proceedings (whether voluntary or involuntary). Except as expressly set forth in In consideration of the suspension of certain rights of Buyer and certain obligations of Seller and Guarantor under the Repurchase Agreement, the Guaranty and applicable law pursuant to this Agreement, this the Seller and the Guarantor each agree not to pursue, and expressly waive, any claims or remedies that may arise under the Repurchase Agreement or the Guaranty (or otherwise) based on such suspension of certain rights of Buyer and certain obligations of Seller and Guarantor under the Repurchase Agreement or the Guaranty and agree that such suspension shall not constitute a waiver or forbearance (except as otherwise provided herein) of any rights or remedies Buyer may have. This Agreement is not intended to be, and shall not be deemed or construed to be, an amendment, supplement, modification, a cure, satisfaction, reinstatement, novation, waiver or release of the Applicable Agreements Repurchase Agreement, the Guaranty or any indebtedness incurred thereunder other Transaction Document, the obligations thereunder, or evidenced therebyof any prior, existing and/or future defaults or events of default thereunder, except to the extent expressly set forth herein and subject to, with respect to Seller and Guarantor, satisfaction of their obligations set forth herein. The parties further Seller and Guarantor agree that that, except as otherwise expressly set forth herein, the running of all statutes of limitation Repurchase Agreement, the Guaranty and the doctrine other Transaction Documents are and shall continue to be in full force and effect and shall be legal, valid and binding agreements of laches applicable to all claims or causes of action that the Participating Counterparties may be entitled to take or bring in order to enforce their rights and remedies against the Seller Entities areand the Guarantor, to as the fullest extent permitted by lawcase may be, tolled and suspended during the Forbearance Period. This Agreement is limited enforceable in nature and nothing herein shall be deemed to establish a custom or course of dealing between any Participating Counterparty and any Seller Entity. Except as set forth in Section 11 hereof, in no event shall this Agreement extinguish the obligations for the payment of money outstanding under any Applicable Agreement or discharge or release any collateral or other security thereforaccordance with their respective terms.